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PREP Act Coverage for COVID-19 Related Activities Provides Important Immunity Protections

By Phillip Seckman and Eric Roberson
April 21, 2020
  • Government Contracts
  • Health Care, Life Sciences, Pharmaceutical and Public Health Preparedness
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There is a rising army of contractors, commercial companies, and even private citizens who are racing to support federal, State and local agencies’ fight against the COVID-19 virus pandemic. By engaging in certain activities that may directly impact individuals infected or suspected of being infected with COVID-19, however, these contractors and other actors may be exposing themselves to potential liability claims. Specifically, infected or other individuals may be unintentionally harmed by a contractor’s activities or the countermeasures that the contractor deploys leading to the risk of subsequent lawsuits once the pandemic has subsided.

Under these circumstances, the federal government has made the appropriate policy choice that it is more important that we encourage private industry to fight the virus and, accordingly, legal protections are available to protect contractors and other actors against the vast majority of liability claims that might be brought by individuals. Specifically, the Public Readiness and Emergency Preparedness Act (the “PREP Act”) and the March 10, 2020 declaration issued by the Secretary of Health and Human Services (the “HHS Secretary”) provide liability immunity for certain recommended activities.

For more information on these legal protections and the activities to which they apply, please visit our client alert.

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COVID-19, government contracts, PREP Act
Phillip Seckman

About Phillip Seckman

Phillip Seckman represents clients concerning government and commercial contract matters. His practice spans a broad range of subjects related to federal procurement law, state and local procurement law, and complex federal regulatory issues. He concentrates his practice in the areas of commercial item acquisitions, GSA schedule contracting, cybersecurity, compliance, internal investigations, and bid protests (both federal and state). A significant component of his practice involves government contract cost allowability, proper cost accounting, and contract cost and pricing issues.

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Eric Roberson

About Eric Roberson

Eric P. Roberson is a member of Dentons’ US Government Contracts practice. Eric has experience in a wide range of matters involving federal, state and local contract opportunities and performance, including regulatory and contract compliance, cost and pricing, business systems requirements, bid protests and claims, commercial item contracting, and corporate transactions involving companies holding government contracts.

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